Harold J. Flanagan

Harold Flanagan's practice includes both contracts and litigation in insurance coverage and recovery, oil and gas production, clean and renewable energy, casualty, and construction.

Mr. Flanagan's insurance law practice is broad, covering transactional matters and litigation in oil and gas production, manufacturing, maritime operations, construction, casualty, and products liability. He leverages his practical and teaching experience to counsel clients regarding their contractual risk programs. He is frequently associated by other law firms to assist in litigating the insurance aspects of large casualty claims.

He has extensive experience in contract drafting for energy producers, including drilling contracts, master service agreements, purchase orders, and joint operating agreements. In construction law, he drafts and negotiates contracts and litigates construction disputes.

His practice includes counseling clients on Health, Safety, Security, and Environmental (HSSE) compliance, including developing and implementing safety programs and drafting safe work practices, conducting incident and casualty response and accident investigations, performing safety audits, and representing clients before OSHA regarding incidents of noncompliance. He couples that representation with training, particularly incident command structure, post-accident communication protocols, and related best practices. He and his team respond to accidents both onshore and offshore, providing liaison with law enforcement and other regulatory bodies, obtaining witness statements, and securing evidence. The scope of this response includes vessel incidents, pollution releases, well blowouts, explosions, fires, drilling-rig accidents, and other tort claims.

Regarding federal offshore leases, former leaseholders in the chain of title are responsible for decommissioning facilities under the Code of Federal Regulations. Where the current leaseholder is bankrupt or otherwise unable to meet those obligations, BSEE requires companies in the chain of title to accept them. Mr. Flanagan is often retained by former leaseholders to advise as to their liability and to mitigate costs while complying with CFR and BSEE directives. He negotiates agreements with other leaseholders, the federal government, and maritime contractors regarding plugging and abandoning wells, disposing of pipelines, and reefing or otherwise disposing of platform facilities when ordered to do so by BSEE.

For twenty-three years he taught insurance law at Tulane Law School, retiring in December 2023. His service was recognized with the Monte M. Lemann Distinguished Teaching Award in 2003 and 2010. He is a frequent lecturer and author in oil and gas law, construction contracts and litigation, and insurance coverage. He serves as an insurance and construction dispute arbitrator. He enlisted in the U.S. Marine Corps in 1985 and retired at the rank of colonel after 26 years of service, including overseas service in Operation Enduring Freedom.